What does Mueller have? Manafort trial offers glimpse

The trial of President Donald Trump’s onetime campaign chairman will open this week with tales of lavish spending, secret shell companies and millions of dollars of Ukrainian money flowing through offshore bank accounts and into the political consultant’s pocket.

What’s likely to be missing: answers about whether the Trump campaign co-ordinated with the Kremlin during the 2016 presidential election, or really any mention of Russia at all.

Paul Manafort’s financial crimes trial, the first arising from special counsel Robert Mueller’s investigation, will centre on his Ukrainian consulting work and only briefly touch on his involvement with the president’s campaign.

But the broader implications are unmistakable.

The trial, scheduled to begin Tuesday with jury selection in Alexandria, Virginia, will give the public its most detailed glimpse of evidence Mueller’s team has spent the year accumulating. It will feature testimony about the business dealings and foreign ties of a defendant Trump entrusted to run his campaign during a critical stretch in 2016, including during the Republican convention. And it will unfold at a delicate time for the president as Mueller’s team presses for an interview and as Trump escalates his attacks on an investigation he calls a “witch hunt.”

Adding to the intrigue is the expected spectacle of Manafort’s deputy, Rick Gates, testifying against him after cutting a plea deal with prosecutors, and the speculation that Manafort, who faces charges in two different courts and decades in prison if convicted, may be holding out for a pardon from Trump.

“Perhaps he believes that he’s done nothing wrong, and because he’s done nothing wrong, he’s unwilling to plead guilty to any crime whatsoever — even if it’s a lesser crime,” said Jimmy Gurule, a Notre Dame law professor and former federal prosecutor. “Obviously, that’s very risky for him.”

Manafort was indicted along with Gates in Mueller’s wide-ranging investigation, but he is the only American charged to opt for a trial instead of co-operating with the government. The remaining 31 individuals charged have either reached plea agreements, including ex-White House national security adviser Michael Flynn, or are Russians seen as unlikely to enter an American courtroom. Three Russian companies have also been charged.

Prosecutors in Manafort’s case have said they may call 35 witnesses, including five who have immunity agreements, as they try to prove that he laundered more than $30 million in Ukrainian political consulting proceeds and concealed the funds from the IRS.

Jurors are expected to see photographs of his Mercedes-Benz and of his Hampton property putting green and swimming pool. There’s likely to be testimony, too, about tailored Beverly Hills clothing, high-end antiques, rugs and art and New York Yankees seasons tickets.

The luxurious lifestyle was funded by Manafort’s political consulting for the pro-Russian Ukrainian political party of Viktor Yanukovych, who was deposed as Ukraine’s president in 2014.

Lawyers have tangled over how much jurors will hear of his overseas political work, particularly about his ties to Russia and other wealthy political figures.

At a recent hearing, U.S. District Judge T.S. Ellis III, who will preside over the trial, warned prosecutors to restrain themselves, noting the current “antipathy” toward Russia and how “most people in this country don’t distinguish between Ukrainians and Russians.” He said he would not tolerate any pictures of Manafort and others “at a cocktail party with scantily clad women,” if they exist.

Prosecutor Greg Andres reassured the judge that “there will be no pictures of scantily clad women, period,” nor photographs of Russian flags.

“I don’t anticipate that a government witness will utter the word ‘Russia,’” Andres said.

While jurors will be hearing painstaking detail about Manafort’s finances, they won’t be told about Manafort’s other criminal case, in the nation’s capital, where he faces charges of acting as an unregistered foreign agent and lying to the government.

Nor will they hear about the reason he’s been jailed since last month after a judge revoked his house arrest over allegations that he and a longtime associate attempted to tamper with witnesses in the case. And they won’t learn that Manafort’s co-defendant in the Washington case is a business associate named Konstantin Kilimnik, who lives in Russia and who U.S. authorities assert has connections to Russian intelligence.

Trump and his lawyers have repeatedly sought to play down Manafort’s connection to the president, yet the trial won’t be entirely without references to the campaign.

Mueller’s team says Manafort’s position in the Trump campaign is relevant to some of the bank fraud charges. Prosecutors plan to present evidence that a chairman of one of the banks allowed Manafort to file inaccurate loan information in exchange for a job on the campaign and the promise of a job in the Trump administration. The administration job never materialized.

The trial will afford the public its first glimpse of a defence that so far has focused less on the substance of the allegations than on Mueller’s authority to bring the case in the first place. At one point, his defence lawyers sued Mueller and the Justice Department, saying they had overstepped their bounds by bringing a prosecution untethered to the core questions of Mueller’s investigation — whether Russia worked with the Trump campaign to tip the election.

Ellis rejected that argument despite having initially questioned the special counsel’s motives for bringing the case. He noted that Deputy Attorney General Rod Rosenstein, who appointed Mueller, had explicitly authorized Mueller to investigate Manafort’s business dealings. Mueller’s original mandate was to investigate not only potential collusion between the Trump campaign and Russia, but also any other crimes arising from the probe.

“When a prosecutor looks into those dealings and uncovers evidence of criminal culpability,” said Stanford law professor David Alan Sklansky, “it doesn’t make sense to ask him to avert his eyes.”